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H.Res. 145 (ath); Providing for the concurrence of the House with the amendment of the Senate to H.R. 914, with amendmen by congressbills5b

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105th Congress H.Res. 145 (ath): Providing for the concurrence of the House with the amendment of the Senate to H.R. 914, with amendments. [Agreed to House] 1997 - 1998

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105TH CONGRESS 1ST SESSION

H. RES. 145

Providing for the concurrence of the House with the amendment of the Senate to H.R. 914, with amendments.

IN THE HOUSE OF REPRESENTATIVES
Mr. MCKEON MAY 13, 1997 submitted the following resolution; which was considered and agreed to

RESOLUTION
Providing for the concurrence of the House with the amendment of the Senate to H.R. 914, with amendments. 1 Resolved, That upon the adoption of this resolution

2 the bill (H.R. 914), to make certain technical corrections 3 in the Higher Education Act of 1965 relating to gradua4 tion data disclosures, shall be considered to have been 5 taken from the Speaker’s table to the end that the Senate 6 amendments thereto be, and the same are hereby, agreed 7 to with amendments as follows: 8 Insert before section 1 the following:

2 1 2 3

TITLE I—TECHNICAL AMENDMENTS
Redesignate sections 1 through 5 as sections 101

4 through 105, and at the end of the bill add the following: 5 6
SEC. 106. PAYMENTS RELATING TO FEDERAL PROPERTY.

Section 8002(i) of the Elementary and Secondary

7 Education Act of 1965 (20 U.S.C. 7702(i)) is amended 8 to read as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(i) PRIORITY PAYMENTS.— ‘‘(1) IN
GENERAL.—Notwithstanding

subsection

(b)(1)(B), and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996— ‘‘(A) the Secretary shall first use the excess amount (not to exceed the amount equal to the difference of (i) the amount appropriated to carry out this section for fiscal year 1997, and (ii) the amount appropriated to carry out this section for fiscal year 1996) to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) for any local educational agency described in paragraph (2); and
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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ‘‘(B) the Secretary shall use the remainder of the excess amount to increase the payments to each eligible local educational agency under this section. ‘‘(2) LOCAL
EDUCATIONAL AGENCY DE-

SCRIBED.—A

local educational agency described in

this paragraph is a local educational agency that— ‘‘(A) received a payment under this section for fiscal year 1996; ‘‘(B) serves a school district that contains all or a portion of a United States military academy; ‘‘(C) serves a school district in which the local tax assessor has certified that at least 60 percent of the real property is federally owned; and ‘‘(D) demonstrates to the satisfaction of the Secretary that such agency’s per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year.’’.

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4 1 2 3 4

TITLE II—COST OF HIGHER EDUCATION REVIEW
SEC. 201. SHORT TITLE; FINDINGS.

(a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Cost of Higher Education Review Act of 1997’’. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (b) FINDINGS.—The Congress finds the following: (1) According to a report issued by the General Accounting Office, tuition at 4-year public colleges and universities increased 234 percent from school year 1980–1981 through school year 1994–1995, while median household income rose 82 percent and the cost of consumer goods as measured by the Consumer Price Index rose 74 percent over the same time period. (2) A 1995 survey of college freshmen found that concern about college affordability was the highest it has been in the last 30 years. (3) Paying for a college education now ranks as one of the most costly investments for American families.
SEC. 202. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST OF HIGHER EDUCATION.

There is established a Commission to be known as

24 the ‘‘National Commission on the Cost of Higher Edu-

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5 1 cation’’ (hereafter in this Act referred to as the ‘‘Commis2 sion’’). 3 4
SEC. 203. MEMBERSHIP OF COMMISSION.

(a) APPOINTMENT.—The Commission shall be com-

5 posed of 7 members as follows: 6 7 8 9 10 11 12 13 14 15 16 (1) Two individuals shall be appointed by the Speaker of the House. (2) One individual shall be appointed by the Minority Leader of the House. (3) Two individuals shall be appointed by the Majority Leader of the Senate. (4) One individual shall be appointed by the Minority Leader of the Senate. (5) One individual shall be appointed by the Secretary of Education. (b) ADDITIONAL QUALIFICATIONS.—Each of the in-

17 dividuals appointed under subsection (a) shall be an indi18 vidual with expertise and experience in higher education 19 finance (including the financing of State institutions of 20 higher education), Federal financial aid programs, edu21 cation economics research, public or private higher edu22 cation administration, or business executives who have 23 managed successful cost reduction programs. 24 (c) CHAIRPERSON
AND

VICE CHAIRPERSON.—The

25 members of the Commission shall elect a Chairperson and
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6 1 a Vice Chairperson. In the absence of the Chairperson, 2 the Vice Chairperson will assume the duties of the Chair3 person. 4 (d) QUORUM.—A majority of the members of the

5 Commission shall constitute a quorum for the transaction 6 of business. 7 (e) APPOINTMENTS.—All appointments under sub-

8 section (a) shall be made within 30 days after the date 9 of enactment of this Act. In the event that an officer au10 thorized to make an appointment under subsection (a) has 11 not made such appointment within such 30 days, the ap12 pointment may be made for such officer as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The Chairman of the Committee on Education and the Workforce may act under such subsection for the Speaker of the House of Representatives. (2) The Ranking Minority Member of the Committee on Education and the Workforce may act under such subsection for the Minority Leader of the House of Representatives. (3) The Chairman of the Committee on Labor and Human Resources may act under such subsection for the Majority Leader of the Senate. (4) The Ranking Minority Member of the Committee on Labor and Human Resources may act

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7 1 2 3 under such subsection for the Minority Leader of the Senate. (f) VOTING.—Each member of the Commission shall

4 be entitled to one vote, which shall be equal to the vote 5 of every other member of the Commission. 6 (g) VACANCIES.—Any vacancy on the Commission

7 shall not affect its powers, but shall be filled in the manner 8 in which the original appointment was made. 9 (h) PROHIBITION OF ADDITIONAL PAY.—Members of

10 the Commission shall receive no additional pay, allow11 ances, or benefits by reason of their service on the Com12 mission. Members appointed from among private citizens 13 of the United States may be allowed travel expenses, in14 cluding per diem, in lieu of subsistence, as authorized by 15 law for persons serving intermittently in the government 16 service to the extent funds are available for such expenses. 17 (i) INITIAL MEETING.—The initial meeting of the

18 Commission shall occur within 40 days after the date of 19 enactment of this Act. 20 21
SEC. 204. FUNCTIONS OF COMMISSION.

(a) SPECIFIC FINDINGS

AND

RECOMMENDATIONS.—

22 The Commission shall study and make findings and spe23 cific recommendations regarding the following: 24 25 (1) The increase in tuition compared with other commodities and services.

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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) Innovative methods of reducing or stabilizing tuition. (3) Trends in college and university administrative costs, including administrative staffing, ratio of administrative staff to instructors, ratio of administrative staff to students, remuneration of administrative staff, and remuneration of college and university presidents or chancellors. (4) Trends in (A) faculty workload and remuneration (including the use of adjunct faculty), (B) faculty-to-student ratios, (C) number of hours spent in the classroom by faculty, and (D) tenure practices, and the impact of such trends on tuition. (5) Trends in (A) the construction and renovation of academic and other collegiate facilities, and (B) the modernization of facilities to access and utilize new technologies, and the impact of such trends on tuition. (6) The extent to which increases in institutional financial aid and tuition discounting have affected tuition increases, including the demographics of students receiving such aid, the extent to which such aid is provided to students with limited need in order to attract such students to particular institutions or major fields of study, and the extent to

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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which Federal financial aid, including loan aid, has been used to offset such increases. (7) The extent to which Federal, State, and local laws, regulations, or other mandates contribute to increasing tuition, and recommendations on reducing those mandates. (8) The establishment of a mechanism for a more timely and widespread distribution of data on tuition trends and other costs of operating colleges and universities. (9) The extent to which student financial aid programs have contributed to changes in tuition. (10) Trends in State fiscal policies that have affected college costs. (11) The adequacy of existing Federal and State financial aid programs in meeting the costs of attending colleges and universities. (12) Other related topics determined to be appropriate by the Commission. (b) FINAL REPORT.— (1) IN
GENERAL.—Subject

to paragraph (2),

the Commission shall submit to the President and to the Congress, not later than 120 days after the date of the first meeting of the Commission, a report which shall contain a detailed statement of the find-

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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ings and conclusions of the Commission, including the Commission’s recommendations for administrative and legislative action that the Commission considers advisable. (2) MAJORITY
VOTE REQUIRED FOR REC-

OMMENDATIONS.—Any

recommendation described in

paragraph (1) shall be made by the Commission to the President and to the Congress only if such recommendation is adopted by a majority vote of the members of the Commission who are present and voting. (3) EVALUATION
OF DIFFERENT CIR-

CUMSTANCES.—In

making any findings under sub-

section (a) of this section, the Commission shall take into account differences between public and private colleges and universities, the length of the academic program, the size of the institution’s student population, and the availability of the institution’s resources, including the size of the institution’s endowment.
SEC. 205. POWERS OF COMMISSION.

(a) HEARINGS.—The Commission may, for the pur-

23 pose of carrying out this Act, hold such hearings and sit 24 and act at such times and places, as the Commission may 25 find advisable.
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11 1 (b) RULES
AND

REGULATIONS.—The Commission

2 may adopt such rules and regulations as may be necessary 3 to establish the Commission’s procedures and to govern 4 the manner of the Commission’s operations, organization, 5 and personnel. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) ASSISTANCE FROM FEDERAL AGENCIES.— (1) INFORMATION.—The Commission may request from the head of any Federal agency or instrumentality such information as the Commission may require for the purpose of this Act. Each such agency or instrumentality shall, to the extent permitted by law and subject to the exceptions set forth in section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), furnish such information to the Commission, upon request made by the Chairperson of the Commission. (2) FACILITIES
AND SERVICES, PERSONNEL DE-

TAIL AUTHORIZED.—Upon

request of the Chair-

person of the Commission, the head of any Federal agency or instrumentality shall, to the extent possible and subject to the discretion of such head— (A) make any of the facilities and services of such agency or instrumentality available to the Commission; and

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12 1 2 3 4 5 6 (B) detail any of the personnel of such agency or instrumentality to the Commission, on a nonreimbursable basis, to assist the Commission in carrying out the Commission’s duties under this Act. (d) MAILS.—The Commission may use the United

7 States mails in the same manner and under the same con8 ditions as other Federal agencies. 9 (e) CONTRACTING.—The Commission, to such extent

10 and in such amounts as are provided in appropriation 11 Acts, may enter into contracts with State agencies, private 12 firms, institutions, and individuals for the purpose of con13 ducting research or surveys necessary to enable the Com14 mission to discharge the Commission’s duties under this 15 Act. 16 (f) STAFF.—Subject to such rules and regulations as

17 may be adopted by the Commission, and to such extent 18 and in such amounts as are provided in appropriation 19 Acts, the Chairperson of the Commission shall have the 20 power to appoint, terminate, and fix the compensation 21 (without regard to the provisions of title 5, United States 22 Code, governing appointments in the competitive service, 23 and without regard to the provisions of chapter 51 and 24 subchapter III of chapter 53 of such title, or of any other 25 provision, or of any other provision of law, relating to the
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13 1 number, classification, and General Schedule rates) of an 2 Executive Director, and of such additional staff as the 3 Chairperson deems advisable to assist the Commission, at 4 rates not to exceed a rate equal to the maximum rate for 5 level IV of the Executive Schedule under section 5332 of 6 such title. 7 8
SEC. 206. EXPENSES OF COMMISSION.

There are authorized to be appropriated to pay any

9 expenses of the Commission such sums as may be nec10 essary not to exceed $650,000. Any sums appropriated for 11 such purposes are authorized to remain available until ex12 pended, or until one year after the termination of the 13 Commission pursuant to section 207, whichever occurs 14 first. 15 16
SEC. 207. TERMINATION OF COMMISSION.

The Commission shall cease to exist on the date that

17 is 60 days after the date on which the Commission is re18 quired to submit its final report in accordance with section 19 204(b).

Æ

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